Public-domain · open source
OpenJurist
← 768 NE2D 425 - State v. Barker

State v. Barker’s Empirical Analysis

2002

Citation profile

1
cited by 1 later decisions
1
states following
May 2004
most recently cited

1 state decisions

Relationships

Relies on Apprendi v. New Jersey · Czyzewski v. Jevic Holding Corp. · Saylor v. State · Barker v. State

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(e) ... the jury shall recommend to the court whether the death penalty or life imprisonment without parole, or neither, should be imposed. The jury may recommend: (1) the death penalty; or (2) life imprisonment without parole; only if it makes the findings described in subsection (F). If the jury reaches a sentencing recommendation, the court shall sentence the defendant accordingly.... [[Image here]] () Before a sentence may be imposed under this section, the jury, in a proceeding under subsection (e), or the court, in a proceeding under subsection (g), must find that: (1) the state has proved beyond a reasonable doubt that at least one (1) of the aggravating circumstances listed in subsection (b) exists; and (2) any mitigating circumstances that exist are outweighed by the aggravating cireumstance or circumstances.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.